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  • Public Intox

    We were discussing this at work the other day, and I wanted to see what you all thought. If you are arresting someone for public intox, and they request a pbt or blood draw, do you have to give it to them? My understanding is that the the smell, mixed with another aspect (slurred speach, stumbling, etc..) is all the probable cause needed to make the arrest. Am I off base on this? Thanks.

  • #2
    There is no BrAC or BAC standard for public intoxication. It doesn’t matter if he tests .01 or .30 so long as he is impaired. The suspect does not have the right to request a PBT, chemical or sobriety testing. The officer merely has to articulate the suspect’s impairment and the suspect may be under the influence of drugs or alcohol. Generally, I will offer a PBT or SFST’s but not a chemical test. The suspect may refuse but he still goes to jail. In my county, a refusal is an automatic 24 hours in jail.

    BR2125, your profile indicates you are Sheriff's deputy. If that is the case, you should know the answer to your own post.
    Last edited by Ten Six; 05-27-2007, 02:21 PM. Reason: Addition

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    • #3
      The fact that an officer would even arrest someone for PI speaks volumes. I guess it's still a crime in some places. Remind me never to go to Indiana.


      "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

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      • #4
        ...........................................
        Last edited by Ten Six; 05-27-2007, 03:10 PM. Reason: Double Post

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        • #5
          Originally posted by Ex Army MP View Post
          The fact that an officer would even arrest someone for PI speaks volumes. I guess it's still a crime in some places. Remind me never to go to Indiana.
          There are times when it is most certainly appropriate but if you were a cop, you would know that.

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          • #6
            BR -No tests required.

            10-6 - He's a special deputy, and according to his post just went to the academy this past January. He's got four months, including a nine week academy, so he probably didn't know.


            Ex - It's a crime in most, if not all, places I've been, both foreign and domestic. It's a tool for getting tools off the street until they sober up.
            I miss you, Dave.
            http://www.odmp.org/officer/20669-of...david-s.-moore

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            • #7
              Originally posted by CruiserClass View Post
              BR -No tests required.

              10-6 - He's a special deputy, and according to his post just went to the academy this past January. He's got four months, including a nine week academy, so he probably didn't know.


              Ex - It's a crime in most, if not all, places I've been, both foreign and domestic. It's a tool for getting tools off the street until they sober up.
              Ok, thanks. My apologies.

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              • #8
                Originally posted by Ex Army MP View Post
                The fact that an officer would even arrest someone for PI speaks volumes. I guess it's still a crime in some places. Remind me never to go to Indiana.

                Hey Ex MP, here's your reminder - DON'T COME TO INDIANA. The fact that you're not even a police officer, nor have you ever been one, speaks volumes about your comment. PI is a valuable tool for police officers to use. 90% of the time, if I come across a PI, I'll let them slide. However, if they're causing a problem, I'll take them in.

                I've taken SEVERAL people to jail before for PI from right inside of the bar! Just shows that you should keep your mouth shut when the owner and the police tell you to.
                Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

                * "Preach always, if necessary, use words!" St Francis of Assisi

                * Luke Chapter 6, Verses 27-36

                Comment


                • #9
                  Originally posted by CruiserClass View Post
                  BR -No tests required.

                  10-6 - He's a special deputy, and according to his post just went to the academy this past January. He's got four months, including a nine week academy, so he probably didn't know.

                  Cruiser, I see none of that information in his initial post.
                  Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

                  * "Preach always, if necessary, use words!" St Francis of Assisi

                  * Luke Chapter 6, Verses 27-36

                  Comment


                  • #10
                    Originally posted by towncop View Post
                    Cruiser, I see none of that information in his initial post.

                    It's one of his earlier posts, not this thread.

                    http://forums.officer.com/forums/showthread.php?t=59804
                    I miss you, Dave.
                    http://www.odmp.org/officer/20669-of...david-s.-moore

                    Comment


                    • #11
                      Originally posted by Ex Army MP View Post
                      The fact that an officer would even arrest someone for PI speaks volumes. I guess it's still a crime in some places. Remind me never to go to Indiana.
                      Most counties in our fine state of Indiana do not tolerate silly drunk people walking around, yelling, whopping, hollering ect. I do not put up with drunks, they generate a lot of citizen complaints with their foolish behaviour. On a side note-All drunk drivers also get charged with P.I. by me.
                      Last edited by j706; 05-27-2007, 10:03 PM.
                      "Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man." - Thomas Jefferson

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                      • #12
                        Originally posted by j706 View Post
                        On a side note-All drunk drivers also get charged with P.I. by me.
                        You'd get a call from the Prosecutor's office on that one in both of the counties that I have worked and TRIED that in. It's a no-go (for those two anyway). I've yet to see both charges stick ANYWHERE yet.

                        Here's one for everyone.....you get an OWI and he/she has a passenger, do you jug the passenger for PI or do you do what you can to get them a ride???
                        Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

                        * "Preach always, if necessary, use words!" St Francis of Assisi

                        * Luke Chapter 6, Verses 27-36

                        Comment


                        • #13
                          Originally posted by Ten Six View Post
                          There is no BrAC or BAC standard for public intoxication. It doesn’t matter if he tests .01 or .30 so long as he is impaired. The suspect does not have the right to request a PBT, chemical or sobriety testing. The officer merely has to articulate the suspect’s impairment and the suspect may be under the influence of drugs or alcohol. Generally, I will offer a PBT or SFST’s but not a chemical test. The suspect may refuse but he still goes to jail. In my county, a refusal is an automatic 24 hours in jail.

                          BR2125, your profile indicates you are Sheriff's deputy. If that is the case, you should know the answer to your own post.
                          Well, that is what I thought it was, other people disagreed. I have arrested for PI several times with no request for that so was just curious for 10-43.

                          Comment


                          • #14
                            [QUOTE=CruiserClass;885450]
                            10-6 - He's a special deputy, and according to his post just went to the academy this past January. He's got four months, including a nine week academy, so he probably didn't know.
                            QUOTE]

                            Well....where to begin. First of all, look up my personel file, and you will see rank: Deputy, nowhere on my ID, or any file does it say special deputy. Now, if you'd like to split hairs, the entire Sherrif's Dept. is now "Special Deputies" with the whole merger, so Deputy Chiefs, Majors, down the line would fall into your category of specials. On to the training...I have over 400 hours of ILETA certified training, which is more than most reserves throughout the state, and not much less than ILEA. Before MCSD I worked for another county, so I have years, not months of experience. What do I know though I guess, i'm just a special deputy...
                            Last edited by BR2125; 05-28-2007, 12:39 AM.

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                            • #15
                              Originally posted by towncop View Post
                              Hey Ex MP, here's your reminder - DON'T COME TO INDIANA. The fact that you're not even a police officer, nor have you ever been one, speaks volumes about your comment. PI is a valuable tool for police officers to use. 90% of the time, if I come across a PI, I'll let them slide. However, if they're causing a problem, I'll take them in.

                              I've taken SEVERAL people to jail before for PI from right inside of the bar! Just shows that you should keep your mouth shut when the owner and the police tell you to.
                              That's incorrect, BTW. But thanks for the assumption.


                              "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

                              Comment

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